Liability For Operating Expenses Clause Samples

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, Tenant's Operating Cost Share (as hereinafter defined) of the Operating Expenses defined in Section 9.2, subject to adjustment pursuant to Sections 9.1(b) and (c) when applicable. The parties presently anticipate that the percentage amount constituting Tenant's applicable share of Operating Expenses ("Tenant's Operating Cost Share"), except as otherwise provided herein, will be thirty-eight and eighty hundredths percent (38.80%) as of the Phase I Rent Commencement Date, forty-one and twenty-one hundredths percent (41.21%) as of the Phase IIA Rent Commencement Date, forty-three and seventy-eight hundredths percent (43.78%) as of the Phase IIB Rent Commencement Date, forty-six and thirteen hundredths percent (46.13%) as of the Phase IIC Rent Commencement Date and forty-eight and twenty-nine hundredths percent (48.29%) as of the Phase IID Rent Commencement Date. Notwithstanding the foregoing and the provisions of Section 9.1(c), with respect to liability insurance premiums (except to the extent separately and specifically allocable to a Building, in which event Tenant's Operating Cost Share with respect thereto shall be 100% for the Phase IA Building and the Phase IB Building and 94.91% for the Phase II Building), the land component of real property taxes and assessments, common area lighting and maintenance expenses, and other similar expenses that are incurred or measured on a Center-wide basis (rather than being clearly and reasonably allocable or attributable to a specific Building alone, in which event Tenant's Operating Cost Share with respect thereto shall be 100% for the Phase IA Building and the Phase IB Building and 94.91% for the Phase II Building) or that are incurred with respect to common area facilities, notwithstanding any other provisions of this Article 9, Tenant's Operating Cost Share with respect to such Center-wide and/or common area expenses from and after each respective Rent Commencement Date, regardless of the status of construction and occupancy of the other contemplated buildings in the Center, shall be equal to the percentage amount which is equivalent to a fraction, the numerator of which is the actual square footage of the Building(s) as to which a Rent Commencement Date has then occurred, as determined on the basis of measurement set forth in Section 1.1(c) hereof, and the denominator of which is the sum of the actual squ...

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, an amount equal to one hundred percent (100%) ("Tenant's Operating Cost Share") of the Operating Expenses defined in Section 9.2. (b) If Landlord constructs additional buildings on the Phase II Site or on any other adjacent property owned by Landlord and operated, for common area purposes, on an integrated basis with the Phase I Site, Landlord and Tenant shall negotiate in good faith concerning the reasonable and appropriate treatment of any taxes, insurance or other operating expense items that are allocable both to the Phase I Site and to any such additional buildings or properties. To the extent appropriate, except as otherwise agreed in any such negotiations by Landlord and Tenant, the definition of Operating Expenses in Section 9.2 shall be expanded to include items attributable to such additional buildings or properties and Tenant's Operating Cost Share shall be adjusted from time to time to be equal to the percentage determined by dividing the square footage of the Initial Building as it then exists by the square footage of all buildings located on portions of the Site owned by Landlord or on any applicable adjacent property owned by Landlord as described above. In determining such percentage, a building shall be taken into account from and after the date on which a tenant first enters into possession of the building or a portion thereof, and the square footage of any such building shall be measured or determined in accordance with the same BOMA standard applicable to the measurement of the Initial Building under Section 1.1(a) hereof.

Liability For Operating Expenses. 8 9.2 Definition Of Operating Expenses.............................. 8 9.3 Determination and Payment Of Operating Expenses............... 9 9.4 Proration..................................................... 10

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, Tenant’s Operating Cost Share (as hereinafter defined) of the Operating Expenses defined in Section 9.2, subject to adjustment pursuant to Sections 9.1(b) and (c) when applicable. The parties presently anticipate that the percentage amount constituting Tenant’s applicable share of Operating Expenses (“Tenant’s Operating Cost Share”), except as otherwise provided herein, will be [REDACTED] as of the Phase I Rent Commencement Date, [REDACTED] as of the Phase IIA Rent Commencement Date, [REDACTED] as of the Phase IIB Rent as of Commencement Date [REDACTED] of the Phase IIC Rent Commencement Date and [REDACTED] of the Phase IID Rent Commencement Date. Notwithstanding the foregoing and the provisions of Section 9.1(c), with respect to liability insurance premiums (except to the extent separately and specifically allocable to a Building, in which event Tenant’s Operating Cost Share with respect thereto shall be [REDACTED] for the Phase IA Building and [REDACTED] the Phase IB Building and [REDACTED] for the Phase II Building), the land component of real property taxes and assessments, common area lighting and maintenance expenses, and other similar expenses that are incurred or measured on a Center-wide basis (rather than’ being clearly and reasonably allocable or attributable to a specific Building alone, in which event Tenant’s Operating Cost Share with respect thereto shall be [REDACTED] for the Phase IA Building and the Phase IB Building and [REDACTED] for the Phase II Building) or that are incurred with respect to common area facilities, notwithstanding any other provisions of this Article 9, Tenant’s Operating Cost Share with respect to such Center-wide and/or common area expenses from and after each respective Rent Commencement Date, regardless of the status of construction and occupancy of the other contemplated buildings in the Center, shall be equal to the percentage amount which is equivalent to a fraction, the numerator of which is the actual square footage of the Building(s) as to which a Rent Commencement Date has then occurred, as determined on the basis of measurement set forth in Section 1.1(c) hereof, and the denominator of which is the sum of the actual square footage of all then completed buildings in the Center plus the proposed square footage (as reflected in Landlord’s entitlements for the Property) of all not yet completed buildings...